1. Dividing Contributions
A QDRO can allocate both employee and employer contributions. However, employer contributions might be subject to a vesting schedule. The QDRO should clearly state whether:
- The alternate payee (non-employee ex-spouse) gets a percentage of the entire marital period balance
- Division includes only vested amounts as of the division date
Be careful: If you include unvested employer contributions, those amounts may be forfeited later and reduce your share. The QDRO should also clarify whether investment gains or losses after the division date apply.

